5.  The applicant was born in 1954 and lives in Zalaegerszeg.
6.  The applicant’s house is situated across the street from Zalaegerszeg Railway Station, in front of the starting position of trains. When about 1988 the Hungarian Railway Company (“MÁV”) replaced its steam engines with diesel ones, the noise level increased significantly.
7.  On 22 October 1991 the applicant and his neighbours filed an action in trespass against MÁV, seeking that it be obliged to keep its noise emission under control by constructing a noise barrier wall, modernising the railway station, preheating the engines in another place and avoiding the use of certain engines. This action was later extended to include a compensation claim.
8.  Between 7 February 1992 and January 1993 the proceedings were stayed upon the parties’ request. From 22 July 1994 to 27 November 1998 the proceedings were suspended upon the applicant’s request, pending his similar complaint before the National Public Health and Medical Officer Service.
9.  In 1995 the applicant also complained to the Regional Environment Protection Authority about the noise disturbance. In remitted proceedings, on 27 August 1997 the Environment Protection Authority established the noise limits applicable to preheating trains. On 18 May 1998 it imposed a fine on MÁV for non-compliance with those limits. The noise did not decrease, therefore the applicant and his neighbours turned to the Public Prosecutor. On 4 May 2008 the Public Prosecutor initiated civil proceedings against MÁV. These proceedings were consolidated with the ones initiated by the applicant and his neighbours.
10.  Relying on acoustic and engineering expert opinions, on 24 September 2004 the Zalaegerszeg District Court established the existence of sound pollution and ordered MÁV to finance the installation of soundproof doors and windows on the plaintiffs’ houses, but dismissed the remaining claims.
11.  On appeal, the case was remitted to the first instance.
12.  In the remitted proceedings, on 9 November 2005 the District Court delivered a partial judgment, maintaining that the noise level exceeded the limit value, prohibiting MÁV from making the excessive noise emission, and obliging it to construct a noise barrier wall.
13.  On appeal, on 30 March 2006 the Zala County Regional Court dispensed with the obligation to build the protection wall, considering it unnecessary in addition to the prohibition on noise pollution. The Regional Court relied on section 101 (3) of the Act no. LIII of 1996 on the Protection of Nature (“Nature Protection Act”).
14.   The partial judgment having become final, the first-instance proceedings continued with regard to the compensation claims. On 7 March 2008 the District Court ordered MÁV to pay the applicant 4,150,000 Hungarian forints[1] (HUF) in compensation for the loss of value of his house and HUF 445,000[2] for the costs of replacing the doors and windows.
15.  On appeal, on 5 June 2008 the Regional Court partly reversed the judgment, dispensing with the award for the loss of value. It relied on a real estate expert opinion, according to which if MÁV complied with the partial judgment, the remaining noise would not reduce the market value of the house.
16.  MÁV complied with its payment obligation without delay. In addition to that, between 2010 and 2012 several noise mitigating measures, investments and developments were implemented at Zalaegerszeg Railway Station, including reduction in the number of trains passing through the station, minimisation of the stay of freight trains on passenger-train tracks and the stationing of trains in the applicant’s street, renovation of engines, electrification of shunting, reorganisation of pre-heating, limitation of the number of diesel engines and their operation only on branch tracks, and avoidance of unnecessary working of machines in the station area.
17.  The applicant claims that due to the above measures the noise has decreased to a degree but still exceeds the statutory limit value by night and at dawn. However, no evidence has been produced to that effect.